Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 4-6, 8, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ho WO 2019017845 A1.
Regarding claim 1, Ho discloses a ramp device (Ho 100) for a vehicle (Ho 238), the ramp device comprising:
a ramp frame (Ho 102) inserted along a vehicle width direction (Ho paragraph 0034) into cross members (Ho 120/122) of a floor structure (Ho 246) of a vehicle body (see annotated Ho Fig. 8), wherein the ramp frame is configured to protrude at an incline (Ho 228; Ho Fig. 6; Ho paragraph 0013) toward a road surface (Ho 222) direction from side ends of the floor structure (see annotated Ho Fig. 8).
PNG
media_image1.png
501
852
media_image1.png
Greyscale
Regarding claim 2, Ho discloses the ramp device of claim 1, wherein the ramp frame comprises:
a plurality of transverse members (see annotated Ho Fig. 1) slidably coupled to the cross members along the vehicle width direction (Ho paragraphs 0012, 0086, and 0090); and
a longitudinal member (Ho 112) connected to the transverse members along a forward-backward direction (see annotated Ho Fig. 1) of the vehicle body and configured to support lateral ends of the floor structure (Ho Fig. 1; Ho paragraph 0044).
PNG
media_image2.png
495
731
media_image2.png
Greyscale
Regarding claim 4, Ho discloses the ramp device of claim 2, wherein the transverse members are slidably connected to an inside of a rail housing (Ho 158) connected to the cross members along the vehicle width direction (Ho Fig. 1; Ho paragraph 0090).
Regarding claim 5, Ho discloses the ramp device of claim 4, wherein the rail housing and the transverse members comprise a floor reinforcement unit of the floor structure (see annotated Ho Fig. 9; Ho paragraph 0077).
PNG
media_image3.png
467
388
media_image3.png
Greyscale
Regarding claim 6, Ho discloses the ramp device of claim 5, wherein the longitudinal member is disposed at a position corresponding to a door rail connected to a side sill of the floor structure and comprises a side reinforcement unit of the floor structure (see annotated Ho Fig. 8; Ho paragraph 0011).
PNG
media_image1.png
501
852
media_image1.png
Greyscale
Regarding claim 8, Ho discloses the ramp device of claim 4, wherein the ramp frame further comprises a joint member (Ho 218) mounted on an inner end of the transverse members that are inserted into the rail housing and joinable to the side ends of the rail housing (see annotated Ho Fig. 2; Ho paragraph 0076).
PNG
media_image4.png
531
799
media_image4.png
Greyscale
Regarding claim 11, Ho discloses a ramp device (Ho 100) for a vehicle (Ho 238), the ramp device comprising:
a ramp frame (Ho 102) inserted along a vehicle width direction (Ho paragraph 0034) into cross members (Ho 120/122) of a floor structure (Ho 246) of a vehicle body (see annotated Ho Fig. 8), wherein the ramp frame is configured to protrude at an incline (Ho 228; Ho Fig. 6; Ho paragraph 0013) toward a road surface (Ho 222) direction from side ends of the floor structure (see annotated Ho Fig. 8); and
a ramp plate assembly (Ho 104/106) stored on the floor structure (Ho Fig. 9; Ho paragraph 0090) and hinged to the side ends of the floor structure (see annotated Ho Fig. 8; Ho paragraph 0079).
PNG
media_image1.png
501
852
media_image1.png
Greyscale
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ho WO 2019017845 A1, in view of Pilato Automotive GmbH DE 202017106515 U1 (hereinafter, “Pilato”).
Regarding claim 3, Ho does not disclose wherein the transverse members have a cross-section shape of an ‘inverted U’ with a top portion closed and a bottom portion open.
However, Pilato discloses wherein transverse members (Pilato 15) have a cross-section shape of an ‘inverted U’ (Pilato 37) with a top portion closed and a bottom portion open (Pilato Figs. 9-10; Pilato paragraph 0062).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to combine the ramp device of Ho with the transverse member ‘inverted U’ cross-sections as taught by Pilato with a reasonable expectation of success for the advantage of providing space to accommodate additional mechanical components, such as a stopper to prevent collision damage between transverse members and a floor structure (Pilato Figs. 14-15; Pilato paragraphs 0063-0065).
Claims 7 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Ho WO 2019017845 A1, in view of Lillo US 11926201 B1.
Regarding claim 7, Ho does not disclose wherein the longitudinal member has a closed cross-section of a predetermined shape.
However, Lillo discloses a longitudinal member (Lillo 64; Lillo Fig. 3) has a closed cross-section of a predetermined shape (Lillo Fig. 7).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to combine the ramp device of Ho with the longitudinal member as taught by Lillo with a reasonable expectation of success for the advantage of preventing dust and debris from adhering within member, improving the durability of the overall structure, as would be known by one of ordinary skill in the art.
Regarding claim 9, Ho discloses the ramp device of claim 8, wherein the joint member comprises:
a spring (Ho 214) secured to a mounting part (see annotated Ho Fig. 5) disposed at the inner end of the transverse members (Ho 174); and
the spring inserted into a connecting hole disposed at a side end (Ho 96) of the rail housing (see annotated Ho Fig. 5; Ho paragraph 0074).
Ho does not disclose a ball plunger elastically supported by the spring.
However, Lillo discloses a ball plunger elastically supported by a spring (Lillo 262; Lillo Fig. 29-30; Lillo col. 16, lines 24-26).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to combine the ramp device of Ho with the spring-loaded ball plunger of Lillo with a reasonable expectation of success for the advantage of better controlling the desired speed and length of extension/retraction of the ramp (Lillo col. 16, lines 7-14).
PNG
media_image5.png
514
548
media_image5.png
Greyscale
Regarding claim 10, Ho, in view of Lillo, disclose the ramp device of claim 9, as discussed above, wherein the transverse members are fixed to the side end of the rail housing (Ho Fig. 5) by the ball plunger (Lillo 262) connected to the connecting hole and are rotatable toward the road surface direction with respect to the ball plunger (Ho Figs. 6-7; Ho paragraphs 0077-0078; Lillo col. 16, lines 3-34).
Claims 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ho WO 2019017845 A1, in view of Sidhu et al. US 20170340493 A1.
Regarding claim 12, Ho discloses the ramp device of claim 11, wherein the ramp plate assembly is stored between pairs of ribs disposed in a floor panel of the floor structure (Ho paragraphs 0011-0012).
Ho does not disclose the ramp assembly being folded.
However, Sidhu et al. disclose a ramp assembly (Sidhu et al. 200/600; Sidhu et al. Figs. 3 and 6) that may be folded (Sidhu et al. paragraph 0044).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to combine the ramp device of Ho with the foldable ramp assembly as taught by Sidhu et al. with a reasonable expectation of success for the advantage of implementing a simpler ramp design that eliminates the need for an electrical system for extension/retraction functions (as disclosed by Ho), reducing the chances of electrical component failures and more expensive part replacements, as would be known by one of ordinary skill in the art.
Regarding claim 13, Ho does not disclose the ramp device of claim 12, wherein the ramp plate assembly comprises:
a flip plate hinged to side ends of the ribs via a first hinge pin; and
a folding plate hinge-connected to the flip plate via a second hinge pin and disposed so as to be folded with the flip plate or unfolded from the flip plate.
However, Sidhu et al. disclose wherein the ramp plate assembly comprises:
a flip plate (Sidhu et al. 230/330/630) hinged to side ends of ribs (Sidhu et al. 610; Sidhu et al. paragraph 0016) via a first hinge pin (Sidhu et al. paragraphs 0052-0053); and
a folding plate (Sidhu et al. 220/320/620) hinge-connected to the flip plate via a second hinge pin (Sidhu et al. paragraphs 0054-0055) and disposed so as to be folded with the flip plate or unfolded from the flip plate (Sidhu et al. paragraphs 0007 and 0050).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to combine the ramp device of Ho with the folding plates as taught by Sidhu et al. with a reasonable expectation of success for the advantage of stowing the ramp in a more compact position to increase useable space inside the vehicle, compared to slidable-only ramps where it may not always be feasible to stow a full length ramp inside a vehicle, since the ramp's length may be longer than the available space due to possible local regulations and guidelines (Sidhu et al. paragraph 0041).
Regarding claim 14, Ho discloses the ramp device of claim 11, wherein:
the vehicle body comprises a chassis frame on which a battery is mountable (Ho paragraph 0037);
the floor structure is coupled to the chassis frame (Ho paragraph 0107);
the ramp frame is inserted along the vehicle width direction between a floor panel connected to a side sill of the floor structure and the cross members connected to the floor panel (see annotated Ho Fig. 8; Ho paragraphs 0044 and 0090); and
the ramp frame is rotatably installed to the side ends of the floor structure toward the road surface (Ho 222) direction (Ho Figs. 6-7; Ho paragraphs 0071 and 0099).
Ho does not disclose wherein the ramp plate assembly is foldable and stored on the floor panel in a folded state and is unfoldable onto the ramp frame in an unfolded state.
However, Sidhu et al. disclose a ramp plate assembly (Sidhu et al. 200/600; Sidhu et al. Figs. 3 and 6) that is foldable (Sidhu et al. paragraph 0044) and stored on the floor panel in a folded state (Sidhu et al. paragraph 0069) and is unfoldable onto a ramp frame in an unfolded state (Sidhu et al. paragraph 0050).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to combine the ramp device of Ho with the foldable ramp assembly as taught by Sidhu et al. with a reasonable expectation of success for the advantage of implementing a simpler ramp design that eliminates the need for an electrical system for extension/retraction functions (as disclosed by Ho), reducing the chances of electrical component failures and more expensive part replacements, as would be known by one of ordinary skill in the art.
PNG
media_image1.png
501
852
media_image1.png
Greyscale
Regarding claim 15, Ho, in view of Sidhu et al., disclose the ramp device of claim 14, as discussed above, wherein the ramp frame comprises:
a plurality of transverse members (see annotated Ho Fig. 1) slidably connected to an inside of a rail housing (Ho 158) connected to the cross members along the vehicle width direction (Ho Fig. 1; Ho paragraph 0090);
a longitudinal member (Ho 112) connected to the transverse members along a forward-backward direction (see annotated Ho Fig. 1) of the vehicle body; and
a joint member (Ho 218) disposed on an inner end of the transverse members that are inserted into the rail housing and connected to the side end of the rail housing (see annotated Ho Fig. 2; Ho paragraph 0076).
PNG
media_image2.png
495
731
media_image2.png
Greyscale
PNG
media_image4.png
531
799
media_image4.png
Greyscale
Regarding claim 16, Ho, in view of Sidhu et al., disclose the ramp device of claim 15, as discussed above, wherein:
the rail housing and the transverse members are parts of a floor reinforcement unit of the floor structure (see annotated Ho Fig. 9; Ho paragraph 0077); and
the longitudinal member is disposed in a position corresponding to a door rail connected to the side sill and is part of a side reinforcement unit of the floor structure (see annotated Ho Fig. 8; Ho paragraph 0011).
PNG
media_image1.png
501
852
media_image1.png
Greyscale
PNG
media_image3.png
467
388
media_image3.png
Greyscale
Regarding claim 17, Ho does not disclose the ramp device of claim 14, wherein the ramp plate assembly comprises:
a flip plate hinged to the side end of the floor panel; and
a folding plate hinge-connected to the flip plate and configured to be folded with the flip plate or unfolded.
However, Sidhu et al. disclose wherein the ramp plate assembly comprises:
a flip plate (Sidhu et al. 140/340) hinged (Sidhu et al. 155) to a side end of a floor panel (Sidhu et al. 107) (Sidhu et al. Fig. 1B; Sidhu et al. paragraph 0074); and
a folding plate (Sidhu et al. 130/330) hinge-connected to the flip plate (Sidhu et al. paragraph 0047) and configured to be folded with the flip plate or unfolded (Sidhu et al. paragraph 0050).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to combine the ramp device of Ho with the folding plates as taught by Sidhu et al. with a reasonable expectation of success for the advantage of stowing the ramp in a more compact position to increase useable space inside the vehicle, compared to slidable-only ramps where it may not always be feasible to stow a full length ramp inside a vehicle, since the ramp's length may be longer than the available space due to possible local regulations and guidelines (Sidhu et al. paragraph 0041).
Regarding claim 18, Ho discloses a vehicle (Ho 238) comprising:
a vehicle body (see annotated Ho Fig. 8) comprising:
a chassis frame on which a battery is mountable (Ho paragraph 0037); and
a floor structure (Ho 246) coupled to the chassis frame (Ho paragraph 0107), the floor structure comprising a side sill, a floor panel connected to the side sill, and cross members connected to the floor panel (see annotated Ho Fig. 8; Ho paragraphs 0044 and 0090); and
a ramp device (Ho 100) mounted on the floor structure (Ho Fig. 8; Ho paragraph 0079), the ramp device comprising:
a ramp frame (Ho 102) inserted along a vehicle width direction (Ho paragraph 0034) between the floor panel connected to the side sill of the floor structure and the cross members connected to the floor panel (see annotated Ho Fig. 8; Ho paragraphs 0044 and 0090), wherein the ramp frame is rotatably installed to a side end of the floor structure toward a road surface (Ho 222) direction (Ho Figs. 6-7; Ho paragraphs 0071 and 0099); and
a ramp plate assembly (Ho 104/106) hinged to the side end of the floor panel (see annotated Ho Fig. 8; Ho paragraph 0079).
Ho does not disclose a folding ramp plate assembly, wherein in a folded state, the ramp plate assembly is folded and stored on the floor panel, and wherein in an unfolded state, the ramp plate assembly is unfoldable onto the ramp frame.
However, Sidhu et al. disclose a folding ramp plate assembly (Sidhu et al. 200/600; Sidhu et al. Figs. 3 and 6; Sidhu et al. paragraph 0044), wherein in a folded state, the ramp plate assembly is folded and stored on the floor panel (Sidhu et al. paragraph 0069), and wherein in an unfolded state, the ramp plate assembly is unfoldable onto a ramp frame (Sidhu et al. paragraph 0050).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to combine the ramp device of Ho with the foldable ramp assembly as taught by Sidhu et al. with a reasonable expectation of success for the advantage of implementing a simpler ramp design that eliminates the need for an electrical system for extension/retraction functions (as disclosed by Ho), reducing the chances of electrical component failures and more expensive part replacements, as would be known by one of ordinary skill in the art.
PNG
media_image1.png
501
852
media_image1.png
Greyscale
Regarding claim 19, Ho, in view of Sidhu et al., disclose the vehicle of claim 18, as discussed above, wherein:
the ramp frame comprises:
a plurality of transverse members (see annotated Ho Fig. 1) slidably connected to an inside of a rail housing (Ho 158) connected to the cross members along the vehicle width direction (Ho Fig. 1; Ho paragraph 0090);
a longitudinal member (Ho 112) connected to the transverse members along a forward-backward direction (see annotated Ho Fig. 1) of the vehicle body; and
a joint member (Ho 218) disposed on an inner end of the transverse members that are inserted into the rail housing and connected to the side end of the rail housing (see annotated Ho Fig. 2; Ho paragraph 0076).
Ho does not disclose wherein the ramp plate assembly comprises:
a flip plate hinged to the side end of the floor panel; and
a folding plate hinge-connected to the flip plate and configured to be folded with the flip plate or unfolded.
However, Sidhu et al. disclose wherein the ramp plate assembly comprises:
a flip plate (Sidhu et al. 140/340) hinged (Sidhu et al. 155) to a side end of a floor panel (Sidhu et al. 107) (Sidhu et al. Fig. 1B; Sidhu et al. paragraph 0074); and
a folding plate (Sidhu et al. 130/330) hinge-connected to the flip plate (Sidhu et al. paragraph 0047) and configured to be folded with the flip plate or unfolded (Sidhu et al. paragraph 0050).
Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to combine the ramp device of Ho with the folding plates as taught by Sidhu et al. with a reasonable expectation of success for the advantage of stowing the ramp in a more compact position to increase useable space inside the vehicle, compared to slidable-only ramps where it may not always be feasible to stow a full length ramp inside a vehicle, since the ramp's length may be longer than the available space due to possible local regulations and guidelines (Sidhu et al. paragraph 0041).
PNG
media_image2.png
495
731
media_image2.png
Greyscale
PNG
media_image4.png
531
799
media_image4.png
Greyscale
Regarding claim 20, Ho, in view of Sidhu et al., disclose the ramp device of claim 19, as discussed above, wherein:
the rail housing and the transverse members are parts of a floor reinforcement unit of the floor structure (see annotated Ho Fig. 9; Ho paragraph 0077); and
the longitudinal member is disposed in a position corresponding to a door rail connected to the side sill and is part of a side reinforcement unit of the floor structure (see annotated Ho Fig. 8; Ho paragraph 0011).
PNG
media_image1.png
501
852
media_image1.png
Greyscale
PNG
media_image3.png
467
388
media_image3.png
Greyscale
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jin et al. CN 212447057 U disclose a foldable ramp that is stored within a vehicle door.
Dittrich DE 202017006294 U1 discloses a vehicle loading ramp with transverse members and a longitudinal member.
Merrick WO 2007046793 A1 discloses a stowable, vehicle side ramp system.
Ohtake et al. US 20220073150 A1 disclose a vehicle ramp floor structure with cross beams.
Sato et al. US 20220371498 A1disclose a sliding vehicle ramp device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anayansi Santiago whose telephone number is (571) 272-3138. The examiner can normally be reached Monday to Friday 8:30AM - 4:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at (571) 270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Anayansi Santiago/Examiner, Art Unit 3612
/A.S./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
Prosecution Insights